RIGHT TO EQUALITY

Submitted by
Rahul Tiwari
Class: - B. Com LLB 3rd Semester
Of faculty of law

Dr Shakuntala Misra
National Rehabilitation
University,Lucknow

Under the guidance of

Mr. Alankar Sinha
(GUEST FACULTY)

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to Adv. Alankar Sinha, who gave
me the golden opportunity to do this wonderful topic Right To Equality, which also
helped me in doing a lot of Research and I came to know about so many new things I am
really thankful to them.

RAHUL TIWARI

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 PREAMBLE

WE, THE PEOPLE OF INDIA, HAVING SOLEMNLY RESOLVED TO

Constitute INDIA INTO A "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC
REPUBLIC" AND to secure all its citizens:
JUSTICE, social, economic and political;
LIBERTY, of thought, expression, belief, faith and worship;
EQUALITY, of status and opportunity; and to promote among them all;
FRATERNITY, assuring the dignity of individual the unity and integrity of nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

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Meaning (PREAMBLE):
A preamble is an introductory and explanatory statement in a document that explains the
document's purpose and underlying philosophy. It is considered as the key to understand the
constitution. When applied to the opening paragraphs of a law enacted by legislative body,
it may recite historical facts pertinent to the subject of the statute. It is distinct from the long
title or enacting formula of a law. The Preamble of our constitution is the introductory
statement set out the guiding purpose and principal of the Constitution. It is based on the
Objective Resolutions presented by Jawaharlal Nehru in the constituent assembly.

• Preamble to the Constitution of India is "Declaration of Independence" statement

& a brief introductory that sets out the guiding principles & purpose of the document.
It is the soul of the Indian Constitution, written by the Father of Indian Constitution
Dr. B. R. Ambedkar

Proper function of a Preamble is to explain certain facts which are necessary to be explained
1
before the enactments contained in the Act can be understood. Preamble is not an integral
part of the Indian constitution was once decided upon by the Supreme Court of India in the
BeruBari case; therefore it is not enforceable in a court of law. However, the Supreme Court
of India has, in the Kesavananda case, recognised that the preamble may be used to interpret
ambiguous areas of the constitution where differing interpretations present themselves.
Supreme Court held that the Preamble is an integral part of the Constitution.
The preamble-page, along with other pages of the original Constitution of India, was
designed and decorated solely by renowned painter Deodhar Rammanohar Sinha . As such,
the page bears Deodhar Rammanohar Sinha's short signature Ram in Devanagari lower-
right corner.
The preamble described the state as a "sovereign democratic republic". In 1976 the Forty-
second Amendment explicitly enacted secular egalitarianism feature.

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 INTRODUCTION

The Constitution of India guarantees the Right To Equality through Art 14 to 18. In the
series of Constitutional provisions from Article 14 to 18, Art 14 is the most significant.
Situations not covered by Art15 to 18, the general principle of Equality is embodied in
Art14 is attracted whenever discrimination is alleged. The goal set out in our Constitution
regarding status & opportunity is embodied in Art14 to Art18.Right to Equality has declared
as Basic Feature of Indian Constitution by Supreme Court.
The phrase ‘Equality before Law’ occurs in almost all written Constitution which
guarantees the Right to Equality, the Constitution of United States uses the expression
‘Equal protection of law’. Our Constitution, on the other hand, uses both expressions that
are Equality before law and Equal protection of law.
The two expressions may seem to be identical, but in fact, they mean different things. As to
their origin, it may be said that ‘Equality before Law, while the other expression owes its
origin to the American Constitution. Preamble to the Constitution of India emphasises
principle of Equality as the basic to the Contitution.Even constitutional amendment which
offends basic structure of the Constitution are invalid. The mere fact that Equality which is
part of the basic structure, can be excluded for a limited purpose to protect certain kinds of
law, does not prevent it from being part of the basic feature of Constitution. It was held that
essence of the principle behind Art.14 is part of basic structure. In fact, essence or principle
of the right or nature of violation is more important than equality in the abstract or formal
sense. Equality is one of the magnificent corner stone’s of Indian Democracy. The doctrine of
equality before law is a corollary of Rule of law which pervades the Indian Constitution.
Neither Parliament nor any State Legislature can transgress the principle of Equality.

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 MEANING OF EQUALITY

The state or quality of being equal; correspondence in quantity, degree, value, rank, or ability
Equality basically means access or provision of equal opportunities, where individuals are
protected from being discriminated against. Discrimination in equality can occur in race, sex,
health, religion, family structure, age, politics, disability, culture, sexual orientation or in
terms of believes. Equality is the basic feature of the constitution of India and treatment of
equals unequally will be violation of basic structure of the constitution of India.

The ideal of equality under Indian Constitution:

It has been seen that the Preamble to our constitution promises ‘equality of status and
opportunity to all citizens and that this is the ideal of equality embraces both social and
political equality. So far the ideal of social equality is concerned it is embodied in a series of
Articles, of which Art.14 is the genus, and succeeding Arts. 15-18 contain particular
application thereof. Our constitution is wedded to the concept of equality which is the basic
feature of the constitution. Even a constitutional amendment which offends basic feature is
declared as invalid. The state, its agencies and other local bodies being charged with public
duty are bound to take action which must be in accordance with Art.14.The liability given to
the state and its instrumentalities by the statute enacted under the constitution did not exempt
them from honouring constitution itself and they continued to be ruled by Art.14.The equality
clause under Art.14 of the constitution does not speak of mere formal equality before law but
embodies the real concept of real and substantive equality, strikes at this inequalities. A more
positive duty of the state is to minimise inequalities in the status, income and opportunities
amongst individuals. Where unequals are competing, conditions must be created by
relaxation or otherwise so that unequals compete in terms of equality with others in respect of
jobs and employment of the state.

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 ARTICLE 14- RIGHT TO EQUALITY

(A) ARTICLE 14 provides that the State shall not deny to any person equality before law or
the equal protection of the laws within the territory of India.
(B)The Right to Equality guaranteed under Art. 14 consists of two parts namely:-
 Equality before Law.
 Equal protection of Laws.
 Every person is entitled to equality before law and equal protection laws.
 Article 14 bars Discrimination and prohibits Discriminatory Laws.
 Article 14 of the Constitution of India is a declaration of equality of civil rights
for all purpose within the territory of India and basic principles of republicanism
and there is no discrimination
 The expression “Equality before law” and “Equal protection of law” does not mean
the same thing. Meaning of these expressions has to be found and determined having
regard to the context and scheme of our Constitution. The word “Law” in the former
expression is used in a genuine sense – a philosophical sense, whereas the word
“Laws” in the latter expression denotes specific laws in force.
 The benefit of “Equality before law” and “Equal protection of law” accrues to every
person in India, whether a citizen or not.”We are a country governed by Rule of Law.
 The concept of equality and equal protection of laws guaranteed by Art. 14 in its
proper spectrum encompass social and economic justice in a political democracy.

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Equality before the Law :

“Equality before Law “only means that amongst the equals, the law should be equal and
should be equally administered, and that the like should be treated alike
The “equality before the law” owes its origin to the English Common Law. The doctrine of
equality is a dynamic and evolving concept. It is embodied not only Arts. 15-18 as well as in
Arts. 3, 39, 39 A, 41 and 46.It is a Negative concept because it implies the absence of any
privilege in favour of any individual, and equal subjection of all classes to the ordinary law.
It means law should be equal and should equally administered, that is like should be treated
alike. In short there shall not be discrimination. It is a declaration of equality of privilege in
favour of every individual .it means that no man above the Law of the land and that every
person, whatever is his rank or status is subject to ordinary law of land. The concept of
equality before law does not involve the idea of absolute equality amongst all, which may be
a physical impossiblity.Art.14, guarantees the similarity of treatment and not identical
treatment.

Equal Protection of Law:

The phrase “Equal Protection of the Law” owes its origin to the American
Constitution. This is Positive Concept as it implies equality of treatment in equal
circumstances both in privileges conferred and liabilities imposed. So all the
persons must be treated alike on reasonable classification. Among equals law
should be equal and equally administered. The guarantee of equal protection
applies against substantive as well as procedural laws.

Limitation of the Doctrine of Equal Protection:

i. Every law cannot be made universally applicable. There are different class
of persons who require special treatment.
ii. State has power to classify persons for legitimate purpose. Every classification
is likely to produce some inequality and mere production of equality is no enough.
International Covenant: Article 26- All persons are equal before the law and are entitled
without any discrimination to the equal protection of law. Article 26 of the
International Covenant on Civil and Political Rights, 1966, not only uses both the
expressions but also adds explanatory words, prohibiting discrimination.

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Cook Islands & Western Samoa: Article 64(a) of Cook Islands and Article 15(1) ofthe
Constitution of Western Samoa combine the concept of equality and equal protection in the
following words; “The right of the individual to equality before the law and to the protection
of the law”
Japan: Article 14 of the Japanese Constitution, 1946 also combines the two concepts of
legal equality and non-discrimination. Article 14 provides that “All of the people are equal
under the and there shall be no discrimination in political, economic or social relations
because of caste, creed, sex, social status, or family origin.”
Once it is conceded that the phrase “equality before law” has a separate content than
“equal protection of law”, the question arises, what would be the effect of incorporating the
doctrine of equality before law in a written guarantee of fundamental rights and, in
particular, along with the analogous guarantee of equal protection.

The guarantee of equal protection would be satisfied if there is some reasonable basis for
differential treatment. But even though a person may be differently circumstanced, e.g., if he is
under a sentence of imprisonment, he may still be entitled to some basic human rights which may
be deduced from the right of equality before the law, e.g.-
 Right to recognition as a human being before the law.
 Right of access to courts of law.
 Right to a fair and public hearing by an independent and impartial tribunal established
by law.
The contents of “Equality before Law” are indeed much wider today than in the days of
Dicey.

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Object of Article 14:

The aim or the object of this Article to ensure that invidious distinction or arbitrary
discrimination shall not be made by the state between a citizen and a citizen who answers the
same description and the differences which may obtain between them are of no relevance for
the purpose of applying a particular law reasonable classification is permissible. Article 14
provides that the state shall not deny to any person whether citizen or not, equality before the
law and equal protection of law. It does not mean that same law must be applicable to all but
the law should deal alike with all in one class; there shall be equality of treatment under
Equal circumstances. So the object is that “equals should be treated unlike and unlike should
not be treated alike. Likes should be treated alike. The object of Art. 14 is wider and is to
ensure fairness and equality of treatment.

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 Conclusion:

Right to equality is a Fundamental Right. It can be enforced in High Court under Article 226 and
in Supreme Court under Article 32.Fundamental Rights can be enforced only if the state violates
it. Right to Equality is considered as basic feature of the Indian Constitution. Right to Equality
under Art.14 is vested not only to citizens but to all persons. It includes equality before Law
and Equal Protection of Law. No one is above the law of the land. Everyone is equal in the
eyes of law. There should be no discrimination. Law must be equal and must be equally
administered. So like must be treated alike and unlike. Equality before law is negative
concept and Equal protection of law is positive concept. Reasonable Classification is allowed
in the administration of justice. But it should have some relation to the object of the
legislature. In every society there are two classes namely upper class and lower class. The
standard of living of the upper class is high but that of lower class is low. As a result it is the
duty of the state to uplift the lower class in the society to bring Equality. Absolute equality is
impossible but there should not be inequality. Discrimination on the basis of caste, sex, race,
religion, language etc must be not there at all. A sense of equality must be there then and
then only then will be unity in any state.

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 BIBLIOGRAPHY

 Indian constitutional law (M.P Jain) 7th edition.

 The constitution of India (J.N Pandey).
 Bare act constitutional law 2017.

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